Defer leave

I am considering hiring a helper who just finished her contract. She wants to defer her leave. Questions re. this: 1) What are the reasons immigration accepts for deferring the leave? 2) Since the leave was due her after her last contract, does that mean I do not need to pay her for the period when she takes the leave? 3) What is the minimum duration that immigration requires for leave? 4) Also, is one leave required after completing a 2 year contract or after one year of employment? I heard somewhere that immigration now requires the helper to leave the country after 1 year.. is that true? Thanks in advance everyone for your input!

ID will accept a bona fide reason that your need for the helper to start immediately is urgent. On that basis they will extend her HK visa by 12 months which means that she will have to leave HK within that period. Your responsibility to pay her during that period is an interesting one but I think you will have that obligation. She isn't actually deferring her leave as such, she is deferring her trip home. When she eventually does take that trip it should be in accordance with whatever time she has a legitimate right to under her new contract with you. Any additional time taken is not your concern (other than you need to be in agreement that you can do without your helper for the longer period). The following links might be of some help to you:


http://www.immd.gov.hk/ehtml/hkvisas_5.5.htm

http://www.immd.gov.hk/ehtml/faq_fdh.htm

http://www.labour.gov.hk/eng/public/wcp/FDHguide.pdf

"2) Since the leave was due her after her last contract, does that mean I do not need to pay her for the period when she takes the leave?"


I don't believe you are under any obligation to pay for someone else's leave under a previous contract. In the commercial world, when a person changes jobs, the new employer doesn't pay the new employee during the vacation time he uses accrued from his previous employer.